TotalEnergies’ lawyers have, in turn, presented their arguments in the so-called ‘Farmer case’, the lawsuit brought by Hugues Falys, an organic farmer from Hainaut, against the French oil giant. Falys holds the energy company responsible for climate change and, consequently, for the storms and droughts that have significantly impacted his business.
According to them, a lawsuit like this is “a counterproductive action that is disproportionate to what is at stake.” They believe that the entire trial, the first climate case against a multinational in Belgium, is a militant action by Falys, who is supported by NGOs, notably Fian, Greenpeace, and the League for Human Rights, which want to impose their vision.
Government policy is to blame, not companies
In their pleas, TotalEnergies’ lawyers also argued that their client, which represents 2% of the oil and gas sector, should not be held solely responsible for a centuries-old energy system. In response to Falys’ request to the energy company to reduce greenhouse gas emissions, the lawyers replied: “That will not change his situation or his eco-anxiety.”
The lawyers also shift the responsibility back to governments, precisely because they find it “pointless” to blame a single company in the oil sector for the alleged slowness of the energy transition. “What needs to decrease are global polluting emissions, and states have a central role to play in shifting demand towards a decarbonized system.”
The defense emphasized that government policy leads consumers to specific equipment that uses gas or oil, and that it is therefore somewhat simplistic to blame energy producers for pollution and global warming, even though they may be overlooking the significant influence of lobby groups in their sector.
“TotalEnergies does not sell tractors, cars, or boilers,” they said, adding that the company is developing an “ambitious and effective” strategy, particularly about biofuels, to achieve the European goal of carbon neutrality by 2050.
“Even if its strategy does not appeal to NGOs, TotalEnergies has already begun a transition plan and has invested more than 20 billion euros in low-carbon energy since 2020.”
They also emphasize that Falys’ goal is not to receive compensation. “This is an activist lawsuit. This is not David versus Goliath, but rather TotalEnergies versus a collective led by NGOs, using aggressive tactics to impose their vision,” said Sébastien Champagne, one of the firm’s lawyers.
The cost of climate change has reached $5 trillion
On the sidelines of the trial, the three NGOs involved hung a large symbolic bill outside the Tournai courthouse yesterday, on International Human Rights Day. According to them, the cost of climate change has already reached $ 5 trillion, equivalent to € 4.2 trillion. The NGOs claim that these costs can be attributed to the greenhouse gas emissions of five major oil and gas companies, including TotalEnergies.
The bill lists some 200 extreme weather events that have occurred since the adoption of the Paris Agreement almost 10 years ago. “This list shows what TotalEnergies is trying to hide at all costs, namely its responsibility for the climate crisis and its consequences for all of us”, says Falys. “The list, which is not exhaustive, includes victims of the flash floods that hit Belgium in 2021.”
Continued in January
Additionally, the trial has resumed with a new presiding judge, Benoît Guévar. The previous judge, Yannick Ninane, who presided over the trial’s opening, cited personal reasons for withdrawing from the case. The farmer’s lawyers, therefore, had to repeat their closing arguments.
In the ‘Farmer Case’, Falys seeks to compel TotalEnergies to adopt a credible transition plan and impose an investment freeze on fossil fuel projects. In addition to 130,000 euros in damages, he is demanding a 60% reduction in greenhouse gas emissions by 2030 and a 75% reduction in oil and gas production by 2040.
The trial is expected to continue at the end of January. The verdict, which is subject to appeal, will be handed down at the end of April. said
